THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO

Transcription

1 THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO Enacted as the Schedule to the Constitution of the Republic of Trinidad and Tobago Act (Ch. 1:01) *15 of of of of of 1982 *17 of 1983 (Rep. by 8 of 1988) 21 of of 1988 *8 of 1988 *30 of 1994 (Rep. by 10 of 1995) Act 4 of 1976 Amended by *See Note on page 2 *10 of 1995 (See LN 118/1995) 17 of of 1996 *29 of of of of of of of 2007 Current Authorised Pages Pages Authorised (inclusive) by L.R.O L.R.O.

2 2 The Constitution Note on Subsidiary Legislation Statutory Instruments made under the Constitution are published in Chapter 1:01. See Privy Council Appeal No. 24 of Note on Act No. 15 of 1978 Note on Acts Nos. 17 of 1983 and 8 of 1988 Act No. 17 of 1983 amended section 121 of the Constitution but this Act (No. 17 of 1983) was subsequently repealed by section 3 of Act No. 8 of Note on Acts Nos. 30 of 1994 and 10 of 1995 Act No. 30 of 1994 amended section 127 of the Constitution but this Act (No. 30 of 1994) was subsequently repealed by section 3 of Act No. 10 of Note on Act No. 29 of 1999 (66A, 66B, 66C and 66D) Section 3 of Act No. 29 of 1999 amended the Constitution by inserting therein the above new sections. However, section 4 of the said Act states: (i.e., the Act shall come into force when Standing Orders are made to give effect to section 66A). Standing Orders to give effect to section 66A were adopted by the House of Representatives on 27th October, 2000, and by the Senate on 31st October, 2000.

3 The Constitution 3 THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO SECTION ARRANGEMENT OF SECTIONS 1. The State. 2. The Supreme Law. 3. Interpretation. PRELIMINARY CHAPTER 1 THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I RIGHTS ENSHRINED 4. Recognition and declaration of rights and freedoms. 5. Protection of rights and freedoms. PART II EXCEPTIONS FOR EXISTING LAW 6. Savings for existing law. PART III EXCEPTIONS FOR EMERGENCIES 7. Emergency powers. 8. Period of public emergency. 9. Grounds for, and initial duration of, Proclamation. 10. Extension of Proclamation. 11. Detention of persons. 12. Publication. PART IV EXCEPTIONS FOR CERTAIN LEGISLATION 13. Acts inconsistent with sections 4 and 5. L.R.O.

4 4 The Constitution SECTION ARRANGEMENT OF SECTIONS Continued PART V GENERAL 14. Enforcement of the protective provisions. CHAPTER 2 CITIZENSHIP 15. Continuation of citizenship of citizens under section 9 of former Constitution. 16. Continuation of citizenship of citizens by registration, naturalisation, etc. 17. Acquisition of citizenship by birth or descent. Continuation of citizenship. Retrospective citizenship. 18. Commonwealth citizens. 19. Criminal liability of Commonwealth citizens. 20. Powers of Parliament. 21. Interpretation of Chapter 2. CHAPTER 3 THE PRESIDENT 22. Establishment of office and election of President. 23. Qualifications and disqualifications for office of President. 24. Other conditions of office. 25. Transitional provision. 26. Holding of elections for President. 27. Where office vacant. 28. Electoral College. 29. Mode of elections. 30. Nomination of candidates. 31. Procedure for balloting. 32. Determination of questions as to elections. 33. Term of office. 34. Vacation of office. 35. Removal from office. 36. Procedure for removal from office. 37. Oath. 38. Immunities of President.

5 The Constitution 5 SECTION CHAPTER 4 PARLIAMENT PART I COMPOSITION OF PARLIAMENT ESTABLISHMENT 39. Establishment of Parliament. THE SENATE 40. Composition of Senate. 41. Qualifications for appointment as Senator. 42. Disqualifications for appointment as Senator. 43. Tenure of office of Senators. 44. Appointment of temporary Senators. 45. President and Vice-President of the Senate. THE HOUSE OF REPRESENTATIVES 46. Composition of House of Representatives. 47. Qualifications for election as member. 48. Disqualifications for election as member. 49. Tenure of office of members. 49A. Vacation of seat where member resigns or is expelled. 50. Speaker and Deputy Speaker. 51. Qualifications of voters. GENERAL 52. Determination of questions as to membership. PART II POWERS, PRIVILEGES AND PROCEDURE OF PARLIAMENT 53. Power to make laws. 54. Alteration of this Constitution. 55. Privileges and immunities of Parliament. L.R.O.

6 6 The Constitution SECTION ARRANGEMENT OF SECTIONS Continued 56. Regulation of procedure in each House. 57. Oath of allegiance. 58. Presiding in Senate and House of Representatives. 59. Voting. 60. Quorum. 61. Mode of exercising legislative power. 62. Attendance of Ministers in either House. 63. Introduction of Bills, etc. 64. Restrictions on powers of Senate as to Money Bills. 65. Restrictions on powers of Senate as to Bills other than Money Bills. 66. Provisions relating to sections 63, 64 and A. Appointment of certain Select or Joint Select Committees. 66B. Reports of Service Commissions. 66C. Applicability of the Judicial and Legal Service Commission. 66D. Report of Government Ministries, etc. PART III SUMMONING, PROROGATION AND DISSOLUTION 67. Sessions of Parliament. 68. Prorogation and dissolution of Parliament. 69. General Elections and appointment of Senators. PART IV ELECTIONS AND BOUNDARIES COMMISSION 70. Constituencies. 71. Elections and Boundaries Commission. 72. Procedure for review of constituency boundaries. 73. System of balloting. PART V SYSTEM OF BALLOTING

7 The Constitution 7 SECTION CHAPTER 5 EXECUTIVE POWERS 74. Executive authority of Trinidad and Tobago. 75. The Cabinet. 76. Appointment of Ministers. 77. Tenure of office of Ministers. 78. Performance of functions of Prime Minister during absence, illness or suspension. 79. Allocation of portfolios to Ministers. 80. Exercise of President s functions. 81. President to be informed concerning matters of Government. 82. Parliamentary Secretaries. 83. Leader of the Opposition. 84. Oaths to be taken by Ministers, etc. 85. Permanent Secretaries. 86. Constitution of offices, etc. 87. Powers of pardon, etc. 88. Advisory Committee on Power of Pardon. 89. Functions of Advisory Committee. CHAPTER 6 THE DIRECTOR OF PUBLIC PROSECUTIONS AND THE OMBUDSMAN PART I DIRECTOR OF PUBLIC PROSECUTIONS 90. Appointment, tenure and functions. PART II OMBUDSMAN 91. Appointment and conditions of office. 92. Appointment of staff of Ombudsman. 93. Functions of Ombudsman. 94. Restrictions on matters for investigation. L.R.O.

8 8 The Constitution SECTION ARRANGEMENT OF SECTIONS Continued 95. Discretion of Ombudsman. 96. Report on investigation. 97. Power to obtain evidence. 98. Prescribed matters concerning Ombudsman. CHAPTER 7 THE JUDICATURE PART I THE SUPREME COURT 99. Establishment of Supreme Court Constitution of High Court. THE COURT OF APPEAL 101. Constitution of Court of Appeal Appointment of Chief Justice Acting appointments as Chief Justice. APPOINTMENT OF JUDGES 104. Appointment of Justices of Appeal and Puisne Judges Qualifications of Judges Tenure of office Oaths to be taken by Judges Appeals on Constitutional questions and fundamental rights, etc. PART II APPEALS TO THE JUDICIAL COMMITTEE 109. Appeals from Court of Appeal to the Judicial Committee. PART III JUDICIAL AND LEGAL SERVICE COMMISSION 110. Judicial and Legal Service Commission Appointment of judicial officers, etc.

9 The Constitution 9 SECTION CHAPTER 8 FINANCE 112. Establishment of Consolidated Fund Authorisation of expenditure from Consolidated Fund Authorisation of expenditure in advance of appropriation Contingencies Fund Establishment of office and functions of Auditor General Appointment of Auditor General and Staff Public debt Public Accounts Committees. CHAPTER 9 APPOINTMENTS TO, AND TENURE OF, OFFICES PART I SERVICE COMMISSIONS, ETC. PUBLIC SERVICE COMMISSION 120. Public Service Commission Appointments, etc. of Public Officers. POLICE SERVICE COMMISSION 122. Police Service Commission. 122A. Removal of members Powers of the Police Service Commission. 123A. Powers of the Commissioner of Police. 123B. Transitional and savings. TEACHING SERVICE COMMISSION 124. Teaching Service Commission Appointment of Teachers. GENERAL PROVISIONS ON SERVICE COMMISSIONS 126. Qualifications, tenure of office, etc Delegation of functions. L.R.O.

10 10 The Constitution SECTION ARRANGEMENT OF SECTIONS Continued 128. Consultation with other Service Commissions Powers and procedure of Service Commissions and protection from legal proceedings. PART II PUBLIC SERVICE APPEAL BOARD 130. Constitution of Appeal Board Tenure of office, etc Appeals in disciplinary cases. PENSIONS 133. Protection of pension rights Powers of Commissions in relation to grant of pensions, etc. SPECIAL OFFICES 135. Appointments of principal representatives of Trinidad and Tobago Tenure of special offices Removal from office of Judge. CHAPTER 10 THE INTEGRITY COMMISSION 138. The Integrity Commission Power to make laws relating to Commission. CHAPTER 11 THE SALARIES REVIEW COMMISSION 140. Constitution of Commission Functions of Commission. CHAPTER 11A THE TOBAGO HOUSE OF ASSEMBLY 141A. Tobago House of Assembly.

11 The Constitution 11 SECTION 141B. Powers of the Assembly. 141C. Executive Council. 141D. Fund. CHAPTER 12 MISCELLANEOUS AND GENERAL 142. Resignations Reappointments, etc. FIRST SCHEDULE Forms of Oath (or Affirmation) of Office and of Secrecy. SECOND SCHEDULE Boundaries of Constituencies. THIRD SCHEDULE Matters not subject to investigation. L.R.O.

12 12 The Constitution 4 of Schedule. Commencement. 116/1976. THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO [1ST AUGUST 1976] Whereas the People of Trinidad and Tobago (a) have affirmed that the Nation of Trinidad and Tobago is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator; (b) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity; (c) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully constituted authority; (d) recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; (e) desire that their Constitution should enshrine the above-mentioned principles and beliefs and make provision for ensuring the protection in

13 The Constitution 13 Trinidad and Tobago of fundamental human rights and freedoms. Now, therefore the following provisions shall have effect as the Constitution of the Republic of Trinidad and Tobago: PRELIMINARY 1. (1) The Republic of Trinidad and Tobago shall be a sovereign democratic State. (2) Trinidad and Tobago shall comprise the Island of Trinidad, the Island of Tobago and any territories that immediately before the 31st day of August 1962 were dependencies of Trinidad and Tobago, including the seabed and subsoil situated beneath the territorial sea and the continental shelf of Trinidad and Tobago ( territorial sea and continental shelf here having the same meaning as in the Territorial Sea Act and the Continental Shelf Act, respectively), together with such other areas as may be declared by Act to form part of the territory of Trinidad and Tobago. 2. This Constitution is the supreme law of Trinidad and Tobago, and any other law that is inconsistent with this Constitution is void to the extent of the inconsistency. 3. (1) In this Constitution the Cabinet means the Cabinet constituted under this Constitution; the Commonwealth means Trinidad and Tobago, any country to which section 18 applies and any dependency of any such country; Court means any Court of law in Trinidad and Tobago other than a Court Martial and shall be construed as including the Judicial Committee; financial year means any period of twelve months beginning on the first day of January in any year or such other date as may be prescribed; general election means a general election of members to serve in the House of Representatives; The State. Ch. 1:51. Ch. 1:52. The Supreme Law. Interpretation. [8 of 1988]. L.R.O.

14 14 The Constitution 3 & 4 Will. 4 c. 41. First Schedule. Ch. 25:03. House means either the House of Representatives or the Senate as the context may require; Judge includes the Chief Justice, a Judge of Appeal and a Puisne Judge; Judicial Committee means the Judicial Committee of the Privy Council established by the Judicial Committee Act 1833 of the United Kingdom as from time to time amended by any Act of Parliament of the United Kingdom; law includes any enactment, and any Act or statutory instrument of the United Kingdom that before the commencement of this Constitution had effect as part of the law of Trinidad and Tobago, having the force of law and any unwritten rule of law; oath includes affirmation; oath of allegiance means the oath of allegiance set out in the First Schedule or such other oath as may be prescribed; Parliament means the Parliament of Trinidad and Tobago; parliamentary election means an election of a member or members to serve in the House of Representatives; prescribed means prescribed by or under an Act of Parliament; public office means an office of emolument in the public service; public officer means the holder of any public office and includes any person appointed to act in any such office; public service means, subject to the provisions of subsections (4) and (5), the service of the Government of Trinidad and Tobago or of the Tobago House of Assembly established by section 3 of the Tobago House of Assembly Act, in a civil capacity; Service Commission means the Judicial and Legal Service Commission, the Public Service Commission, the Police Service Commission or the Teaching Service Commission; session means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution

15 The Constitution 15 comes into force or after the prorogation or dissolution of Parliament at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued; sitting means, in relation to a House, a period during which that House is sitting continuously without adjournment, and includes any period during which the House is in committee; Trinidad and Tobago has the meaning attributed to that expression in the Trinidad and Tobago Independence Act 1962; the former Constitution means the Trinidad and Tobago Constitution set out in the Second Schedule to the Trinidad and Tobago (Constitution) Order in Council (2) In this Constitution (a) a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and (b) a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. (3) Where by this Constitution any person is directed, or power is conferred on any person or authority, to appoint a person to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any Court on the ground that the holder of the office is not unable to perform the functions of the office. 10 & 11 Eliz. 2 c No (U.K.). L.R.O.

16 16 The Constitution (4) For the purposes of this Constitution a person shall not be considered to hold an office in the public service by reason only that (a) he is in receipt of a pension or other like allowance in respect of public service; (b) he holds the office of (i) President; (ii) Speaker, President of the Senate, Deputy Speaker or Vice-President of the Senate, Minister, Parliamentary Secretary, member or temporary member of the Senate or member of the House of Representatives; (iii) Ombudsman or member of the Integrity Commission or member of any other Commission established by this Constitution; (iv) Judge or member of a Superior Court of Record or any special judicial tribunal established by Act of Parliament or member of the Public Service Appeal Board; (v) member of any board, commission, committee or similar body, whether incorporated or not, established by any enactment; (vi) member of the personal staff of the President; (c) he is (i) a consultant or adviser appointed for specific purposes; or (ii) a person appointed on contract for a period not exceeding five years. (5) Where Parliament so provides, a person shall not be considered for the purposes of this Constitution or any part of this Constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an Act.

17 The Constitution 17 (6) References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service. (7) Any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission. (8) Nothing in subsection (6) shall be construed as conferring on any person or authority power to require a Judge or the Auditor General to retire from the public service. (9) Where any power is conferred by this Constitution to make any Proclamation, Order, Rules or Regulations or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such Proclamation, Order, Rules, Regulations or directions. CHAPTER 1 THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PART I RIGHTS ENSHRINED 4. It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely: (a) the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law; (b) the right of the individual to equality before the law and the protection of the law; Recognition and declaration of rights and freedoms. L.R.O.

18 18 The Constitution (c) the right of the individual to respect for his private and family life; (d) the right of the individual to equality of treatment from any public authority in the exercise of any functions; (e) the right to join political parties and to express political views; (f) the right of a parent or guardian to provide a school of his own choice for the education of his child or ward; (g) freedom of movement; (h) freedom of conscience and religious belief and observance; (i) freedom of thought and expression; (j) freedom of association and assembly; and (k) freedom of the press. Protection of rights and freedoms. 5. (1) Except as is otherwise expressly provided in this Chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgment or infringement of any of the rights and freedoms hereinbefore recognised and declared. (2) Without prejudice to subsection (1), but subject to this Chapter and to section 54, Parliament may not (a) authorise or effect the arbitrary detention, imprisonment or exile of any person; (b) impose or authorise the imposition of cruel and unusual treatment or punishment; (c) deprive a person who has been arrested or detained (i) of the right to be informed promptly and with sufficient particularity of the reason for his arrest or detention; (ii) of the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him;

19 The Constitution 19 (iii) of the right to be brought promptly before an appropriate judicial authority; (iv) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful; (d) authorise a Court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation; (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations; (f) deprive a person charged with a criminal offence of the right (i) to be presumed innocent until proved guilty according to law, but this shall not invalidate a law by reason only that the law imposes on any such person the burden of proving particular facts; (ii) to a fair and public hearing by an independent and impartial tribunal; or (iii) to reasonable bail without just cause; (g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a Court, commission, board or other tribunal, if he does not understand or speak English; or (h) deprive a person of the right to such procedural provisions as are necessary for the purpose of giving effect and protection to the aforesaid rights and freedoms. L.R.O.

20 20 The Constitution Savings for existing law. Emergency powers. PART II EXCEPTIONS FOR EXISTING LAW 6. (1) Nothing in sections 4 and 5 shall invalidate (a) an existing law; (b) an enactment that repeals and re-enacts an existing law without alteration; or (c) an enactment that alters an existing law but does not derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right. (2) Where an enactment repeals and re-enacts with modifications an existing law and is held to derogate from any fundamental right guaranteed by this Chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right then, subject to sections 13 and 54, the provisions of the existing law shall be substituted for such of the provisions of the enactment as are held to derogate from the fundamental right in a manner in which or to an extent to which the existing law did not previously derogate from that right. (3) In this section alters in relation to an existing law, includes repealing that law and re-enacting it with modifications or making different provisions in place of it or modifying it; existing law means a law that had effect as part of the law of Trinidad and Tobago immediately before the commencement of this Constitution, and includes any enactment referred to in subsection (1); right includes freedom. PART III EXCEPTIONS FOR EMERGENCIES 7. (1) Without prejudice to the power of Parliament to make provision in the premise, but subject to this section, where any period of public emergency exists, the President may, due regard

21 The Constitution 21 being had to the circumstances of any situation likely to arise or exist during such period, make Regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any Act referred to in subsection (3) or instrument made under this section or any such Act. (2) Without prejudice to the generality of subsection (1), Regulations made under that subsection may, subject to section 11, make provision for the detention of persons. (3) An Act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any Regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period. 8. (1) Subject to this section, for the purposes of this Chapter, the President may from time to time make a Proclamation declaring that a state of public emergency exists. (2) A Proclamation made by the President under subsection (1) shall not be effective unless it contains a declaration that the President is satisfied (a) that a public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign State; (b) that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or (c) that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. Period of public emergency. L.R.O.

22 22 The Constitution Grounds for, and initial duration of, Proclamation. Extension of Proclamation. 9. (1) Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later than fifteen days from the date of the Proclamation. (2) A Proclamation made by the President for the purposes of and in accordance with section 8 shall, unless previously revoked, remain in force for fifteen days. 10. (1) Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so, however, that no extension exceeds three months and the extensions do not in the aggregate exceed six months. (2) The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less than three-fifths of all the members of each House. (3) The Proclamation may be revoked at any time by a resolution supported by a simple majority vote of the House of Representatives. (4) In this Chapter, period of public emergency means any period during which (a) Trinidad and Tobago is engaged in any war; or (b) there is in force a Proclamation by the President declaring that a state of public emergency exists; or (c) there is in force a resolution of both Houses of Parliament supported by the votes of not less than two-thirds of all the members of each House declaring that democratic institutions in Trinidad and Tobago are threatened by subversion.

23 The Constitution (1) Where any person who is lawfully detained by virtue only of such an Act or Regulations as is referred to in section 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Trinidad and Tobago as Attorneys-at-law. (2) On any review by a tribunal in pursuance of subsection (1) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations. 12. (1) Where at any time it is impracticable or inexpedient to publish in the Gazette any Proclamation, Notice, Regulation or Order in pursuance of this Part, the President may cause the same to be published by notices thereof affixed to public buildings or distributed amongst the public or by oral public announcements. (2) Upon the publication of any Proclamation under this Part, all such detention orders, curfew orders or other instruments, directions or instructions as are authorised to be made, issued or given by any Regulations referred to in section 7 may be made, issued or given and executed upon any person or authority, even if such Regulations have not yet been published pursuant to subsection (1). PART IV EXCEPTIONS FOR CERTAIN LEGISLATION 13. (1) An Act to which this section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 and, if any such Act does so declare, it shall have effect accordingly unless the Act is shown not to be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual. Detention of persons. Publication. Acts inconsistent with sections 4 and 5. L.R.O.

24 24 The Constitution (2) An Act to which this section applies is one the Bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House. (3) For the purposes of subsection (2) the number of members of the Senate shall, notwithstanding the appointment of temporary members in accordance with section 44, be deemed to be the number of members specified in section 40(1). Enforcement of the protective provisions. Ch. 8:02. PART V GENERAL 14. (1) For the removal of doubts it is hereby declared that if any person alleges that any of the provisions of this Chapter has been, is being, or is likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress by way of originating motion. (2) The High Court shall have original jurisdiction (a) to hear and determine any application made by any person in pursuance of subsection (1); and (b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (4), and may, subject to subsection (3), make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled. (3) The State Liability and Proceedings Act shall have effect for the purpose of any proceedings under this section. (4) Where in any proceedings in any Court other than the High Court or the Court of Appeal any question arises as to the contravention of any of the provisions of this Chapter the person presiding in that Court may, and shall if any party to the proceedings so requests, refer the question to the High Court

25 The Constitution 25 unless in his opinion the raising of the question is merely frivolous or vexatious. (5) Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal and shall be entitled as of right to a stay of execution of the order and may in the discretion of the Court be granted bail. (6) Nothing in this section shall limit the power of Parliament to confer on the High Court or the Court of Appeal such powers as Parliament may think fit in relation to the exercise by the High Court or the Court of Appeal, as the case may be, of its jurisdiction in respect of the matters arising under this Chapter. CHAPTER 2 CITIZENSHIP 15. Any person who became a citizen by birth under section 9(1) or a citizen by descent under section 9(2) of the former Constitution, and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution. 16. Any person who became a citizen of Trinidad and Tobago by virtue of registration under the former Constitution or by virtue of an acquisition of citizenship under Part II of the Trinidad and Tobago Citizenship Act, and who has not ceased to be a citizen under any law in force in Trinidad and Tobago, shall continue to be a citizen under this Constitution. 17. (1) Subject to subsection (2), every person born in Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and Tobago at the date of his birth. (2) A person shall not become a citizen of Trinidad and Tobago by virtue of subsection (1), if at the time of his birth (a) neither of his parents is a citizen of Trinidad and Tobago and either of them possesses such Continuation of citizenship of citizens under section 9 of former Constitution. Continuation of citizenship of citizens by registration, naturalisation, etc. 11 of Acquisition of citizenship by birth or descent. Continuation of citizenship. Retrospective citizenship. L.R.O.

26 26 The Constitution immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Trinidad and Tobago; or (b) either of his parents is an enemy alien and the birth occurred in a place then under occupation by the enemy. (3) A person born outside Trinidad and Tobago after the commencement of this Constitution shall become a citizen of Trinidad and Tobago at the date of his birth if at that date either of his parents is, or was, but for his parent s death, a citizen of Trinidad and Tobago otherwise than by descent, so however that, in the case of a person employed in service under the Government or under an authority of the Government that requires him to reside outside Trinidad and Tobago for the proper discharge of his functions, this subsection shall be read as if the words otherwise than by descent were deleted. (4) Any person who became a citizen by birth under section 12(1) or a citizen by descent under section 12(2) of the former Constitution, and who has not ceased to be a citizen under that Constitution, shall continue to be a citizen under this Constitution. (5) A person born outside Trinidad and Tobago after the 30th August, 1962 whose mother was a citizen of Trinidad and Tobago otherwise than by descent at the date of his birth but who did not become a citizen at that date shall be deemed to have become a citizen at that date and shall continue to be a citizen of Trinidad and Tobago under this Constitution. Commonwealth citizens. 11 and 12 Geo. VI c (1) Every person who under this Constitution or any Act of Parliament is a citizen of Trinidad and Tobago or, under any law for the time being in force in any country to which this section applies, is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen. (2) Every person who is a British subject without citizenship under the British Nationality Act 1948 of the United

27 The Constitution 27 Kingdom or who continues to be a British subject under section 2 of that Act or who is a British subject under the British Nationality Act 1965 of the United Kingdom shall, by virtue of that status, have the status of a Commonwealth citizen. (3) The countries to which this section applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Sierra Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Uganda, United Kingdom and Colonies, Western Samoa and Zambia. *(4) The President may from time to time, by Order subject to affirmative resolution of the Senate and the House of Representatives amend subsection (3) by adding any Commonwealth country thereto or by deleting any Commonwealth country therefrom. 19. (1) A Commonwealth citizen who is not a citizen of Trinidad and Tobago, or a citizen of the Republic of Ireland who is not a citizen of Trinidad and Tobago, shall not be guilty of any offence against any law in force in Trinidad and Tobago by reason of anything done or omitted in any part of the Commonwealth other than Trinidad and Tobago or in the Republic of Ireland or in any foreign country unless (a) the act or omission would be an offence if he were an alien; and (b) in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country. (2) In this section foreign country means a country (other than the Republic of Ireland) that is not part of the Commonwealth c. 34. Criminal liability of Commonwealth citizens. *An Order under this subsection is proposed for the purpose of updating subsection (3) but had not yet been made at the Revision Date. L.R.O.

28 28 The Constitution Powers of Parliament. Interpretation of Chapter and 12 Geo. VI c Parliament may make provisions relating to citizenship including provision (a) for the acquisition of citizenship of Trinidad and Tobago by persons who are not or do not become citizens of Trinidad and Tobago by virtue of the provisions of this Chapter; (b) for depriving of his citizenship of Trinidad and Tobago any citizen of Trinidad and Tobago but only on the acquisition of citizenship of some other country in the case of a citizen by birth or descent; or (c) for the renunciation by any person of his citizenship of Trinidad and Tobago. 21. (1) In this Chapter alien means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland; British protected person means a person who is a British protected person for the purposes of the British Nationality Act 1948 of the United Kingdom; citizen by birth means a person (a) who is a citizen of Trinidad and Tobago under section 17(1); or (b) who became a citizen of Trinidad and Tobago under section 9(1) or 12(1) of the former Constitution; citizen by descent means a person (a) who is a citizen of Trinidad and Tobago under section 17(3) or any enactment; or (b) who became a citizen of Trinidad and Tobago under section 9(2) or 12(2) of the former Constitution. (2) For the purposes of this Chapter, a person born outside Trinidad and Tobago aboard a registered ship or aircraft,

29 The Constitution 29 or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft has been registered or, as the case may be, in that country. CHAPTER 3 THE PRESIDENT 22. There shall be a President of Trinidad and Tobago elected in accordance with the provisions of this Chapter who shall be the Head of State and Commander-in-Chief of the armed forces. 23. (1) A person is qualified to be nominated for election as President if, and is not so qualified unless, he is a citizen of Trinidad and Tobago of the age of thirty-five years or upwards who at the date of his nomination has been ordinarily resident in Trinidad and Tobago for ten years immediately preceding his nomination. (2) For the purposes of subsection (1) a person shall be deemed to reside in Trinidad and Tobago if he holds an office in the service of the Government of Trinidad and Tobago and lives outside Trinidad and Tobago because he is required to do so for the proper discharge of his functions. (3) A person is not qualified to be nominated for election as President who is disqualified for election as a member of the House of Representatives by virtue of section 48(1) or any law made under section 48(2). 24. (1) Where a member of the Senate or the House of Representatives is elected as President, his seat in the Senate or the House of Representatives, respectively, shall thereupon become vacant. (2) Except in the case of a person acting as, or performing the functions of, President under section 27, but subject to sections 44(2) and 56(8), the President shall not hold any other office of emolument or profit whether in the public service or otherwise. Establishment of office and election of President. Qualifications and disqualifications for office of President. Other conditions of office. L.R.O.

30 30 The Constitution (3) The salary and allowances of a President and his other terms of service shall not be altered to his disadvantage after he has assumed office. Transitional provision. Holding of elections for President. 25. (1) The person holding the office of Governor-General of Trinidad and Tobago at the commencement of this Constitution shall hold the office of President under this Constitution until a President is elected under the provisions of this Chapter and assumes office. (2) Where at any time between the appointed day and the election of the first President of the Senate under section 45, the President under subsection (1) is for any reason unable to perform the functions of President then, until the President under subsection (1) is again able to perform his functions as President, those functions shall be performed by the person who last held the office of President of the Senate under the former Constitution. 26. (1) The Speaker of the House of Representatives shall be responsible for the holding of elections for President. (2) The date of every election under this section shall be announced in the Gazette by the Speaker within such number of days in advance as may be prescribed. (3) An election for President shall be held not more than one hundred and twenty days nor less than ninety days after the first sitting of the House of Representatives under this Constitution and the President who is so elected shall assume office on the expiration of thirty days next after his election. (4) Thereafter, an election for President shall be held not more than sixty days nor less than thirty days before the expiration of the term of that office. (5) Where the office of President becomes vacant under section 34 before the expiration of the term of that office prescribed by section 33, an election shall be held to fill the vacancy within ninety days of the occurrence of the vacancy. (6) Where the date for the assumption of office of a President falls on a Sunday or public holiday the President shall

31 The Constitution 31 assume office on the next following day that is not a Sunday or public holiday. (7) Where the time limited for holding an election for President under subsection (3), (4) or (5) has not been complied with, Parliament may make provision for an extension of the period during which elections may be held. 27. (1) Where the office of President is vacant or the President is incapable of performing his functions as President by reason of his absence from Trinidad and Tobago or by reason of illness, the President of the Senate shall act temporarily as President. (2) Where the President of the Senate is for any reason unable to act as President under subsection (1) or section 36(2), the functions of President shall be performed by the Speaker. (3) Where the Speaker is for any reason unable to perform the functions of President under subsection (2), the Vice- President of the Senate shall perform those functions, so, however, that a meeting of the Electoral College shall be held, upon the summons of the Deputy Speaker giving at least fortyeight hours notice thereof, within seven days of the Vice- President of the Senate commencing to perform the functions of President for the purpose of holding an election of a person to fill the vacancy in the office of President under section 26(5), or of a person to act temporarily as President during such period as the President is incapable of performing his functions. (4) Upon his election to fill the vacancy in the office of President under section 26(5) or to act temporarily as President during such period as the President is incapable of performing his functions in accordance with subsection (3), the person shall immediately assume office. 28. (1) There shall be an Electoral College for the purposes of this Chapter which shall be a unicameral body consisting of all the members of the Senate and all the members of the House of Representatives assembled together. Where office vacant. Electoral College. L.R.O.

32 32 The Constitution (2) The Electoral College shall be convened by the Speaker. (3) The Speaker shall preside as Chairman over the proceedings of the Electoral College and shall have an original vote. (4) Subject to this Chapter, the Electoral College may regulate its own procedure and may make provision for the postponement or adjournment of its meetings and such other provisions as may be necessary to deal with difficulties that may arise in the carrying out of elections under this Chapter. (5) Ten Senators, the Speaker and twelve other members of the House of Representatives shall constitute a quorum of the Electoral College. Mode of elections. Nomination of candidates. Procedure for balloting. Determination of questions as to elections. 29. The President shall be elected by the Electoral College voting by secret ballot. 30. A person shall not be a candidate for election as President unless he is nominated for election by a nomination paper which (a) is signed by him and by twelve or more members of the House of Representatives; and (b) is delivered to the Speaker at least seven days before the election. 31. (1) The candidate who is unopposed or who obtains the greatest number of the votes cast shall be declared elected. (2) Where the votes cast for two or more candidates are equally divided the Speaker shall have and exercise a casting vote. 32. (1) Subject to subsection (2), an instrument which (a) in the case of an uncontested election for the office of President is signed and sealed by the Speaker and states that a person named in the instrument was the only person nominated for the election and was in consequence declared elected; or

33 The Constitution 33 (b) in the case of a contested election is signed and sealed by the Speaker and states that a person named in the instrument was declared elected at that meeting in consequence of the ballot, shall be conclusive evidence that the person so named was so elected, and no question as to the validity of the election of the person so named shall be inquired into in any Court. (2) The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as that question depends upon the qualification of any person for election or the interpretation of this Chapter and the decision of that Court under this subsection shall be final. (3) Parliament may make provisions with respect to the persons by whom, the manner in which and the conditions upon which the proceedings under subsection (2) may be instituted in the Court of Appeal and subject to any provisions so made, provisions may be made with respect to these matters by Rules of Court. Until such provisions or rules are made the procedure for moving the Court of Appeal shall be by way of a representation petition. 33. (1) Subject to this section and to sections 34 and 36, a President elected at an election under section 26(3) or (4) shall hold office for a term of five years. (2) Parliament may make provision for the postponement of the date of expiration of the term of office of the President under subsection (1), for a period not exceeding four months, in order to avoid the holding of an election for that office during a period of dissolution of Parliament or at a time too close to the beginning or to the end of such a period. (3) Where for any reason at the date on which the term of office of the President is due to expire under subsection (1) or (2) there is no person entitled by election under section 26(4) to fill the office of President upon its expiration, the current term of Term of office. L.R.O.

34 34 The Constitution that office shall continue until thirty days after a person is elected to the office of President whereupon the current term of that office shall expire. (4) Where a person is elected to fill a vacancy in the office of President in an election under section 26(5), he shall hold office only for the unexpired portion of the term of office of his predecessor. Vacation of office. Removal from office. Procedure for removal from office. 34. The office of President shall become vacant before the expiration of the term of his office as prescribed by section 33 where (a) the person holding that office dies or resigns the office by writing signed by him addressed to the House of Representatives and delivered to the Speaker; or (b) he is removed from office under section The President may be removed from office under section 36 where (a) he wilfully violates any provision of the Constitution; (b) he behaves in such a way as to bring his office into hatred, ridicule or contempt; (c) he behaves in a way that endangers the security of the State; or (d) because of physical or mental incapacity, he is unable to perform the functions of his office. 36. (1) The President shall be removed from office where (a) a motion that his removal from office should be investigated by a tribunal is proposed in the House of Representatives; (b) the motion states with full particulars the grounds on which his removal from office is proposed, and is signed by not less than one-third of the total membership of the House of Representatives;